Colorado Revised Statutes 2016 TITLE 18

1 Colorado Revised Statutes 2016 TITLE 18 CRIMINAL CODEARTICLE 1 Provisions Applicable toOffenses GenerallyPART 1 PURPOSE AND SCOPE OF CODE -CLASSIFICATION OF OFFENSES18-1-101. Citation of TITLE 18. (1) This TITLE shall be known and may be cited as the" Colorado Criminal Code"; within this TITLE , the " Colorado Criminal Code" is sometimes referredto as "this code".(2) The portion of any section, subsection, paragraph, or subparagraph contained in this codewhich precedes a list of examples, requirements, conditions, or other items may be referred to andcited as the "introductory portion" of the section, subsection, paragraph, or Purpose of code, statutory construction. (1) This code shall be construed insuch manner as to promote maximum fulfillment of its general purposes, namely:(a) To define offenses, to define adequately the act and mental state which constitute eachoffense, to place limitations upon the condemnation of conduct as criminal when it is without fault,and to give fair warning to all persons concerning the nature of the conduct prohibited and thepenalties authorized upon conviction;(b) To forbid the commission of offenses and to prevent their occurrence through thedeterrent influence of the sentences authorized; to provide for the rehabilitation of those convictedand their punishment when required in the interests of public protection.

2 (c) To differentiate on reasonable grounds between serious and minor offenses, and prescribepenalties which are proportionate to the seriousness of offenses and which permit recognition ofdifferences in rehabilitation possibilities as between individual offenders;(d) To prevent arbitrary or oppressive treatment of persons accused or convicted of offensesColorado Revised Statutes 2016 Uncertified Printout1and to identify certain minimum standards for criminal justice which, within the concept of dueprocess of law, have the stature of substantive rights of persons accused of crime;(e) To promote acceptance of responsibility and accountability by offenders and to providerestoration and healing for victims and the community while attempting to reduce recidivism andthe costs to society by the use of restorative justice Purposes of code with respect to sentencing.

3 (1) The purposes of this codewith respect to sentencing are:(a) To punish a convicted offender by assuring the imposition of a sentence he deserves inrelation to the seriousness of his offense;(b) To assure the fair and consistent treatment of all convicted offenders by eliminatingunjustified disparity in sentences, providing fair warning of the nature of the sentence to be imposed,and establishing fair procedures for the imposition of sentences;(c) To prevent crime and promote respect for the law by providing an effective deterrent toothers likely to commit similar offenses;(d) To promote rehabilitation by encouraging correctional programs that elicit the voluntarycooperation and participation of convicted offenders;(e) To select a sentence, a sentence length, and a level of supervision that addresses theoffender's individual characteristics and reduces the potential that the offender will engage incriminal conduct after completing his or her sentence; and(f) To promote acceptance of responsibility and accountability by offenders and to providerestoration and healing for victims and the community while attempting to reduce recidivism andthe costs to society by the use of restorative justice Scope and application of code.

4 (1) Except as otherwise expressly provided bysections and , or unless the context otherwise requires, the provisions of thiscode govern the construction of and punishment for any offense defined in any statute of this state,whether in this TITLE or elsewhere, and which is committed on or after July 1, 1972, as well as theconstruction and application of any defense to a prosecution for such an offense.(2) Except as otherwise provided by section 18-1-410, the provisions of this code do notapply to or govern the construction of, prosecution for, and punishment for any offense committedprior to July 1, 1972, or the construction and application of any defense to a prosecution for such anoffense.

5 Such an offense shall be tried and disposed of according to the provisions of law existingat the time of the commission thereof in the same manner as if this code had not been enacted. Allpending actions shall proceed to final disposition in the same manner as if this code had not beenenacted.(3) The provisions of this code do not bar, suspend, or otherwise affect any right or liabilityto damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in acivil action for any conduct which this code makes punishable; and the civil injury is not merged inthe offense. Colorado Revised Statutes 2016 Uncertified Printout218-1-104. "Offense" defined - offenses classified - common-law crimesabolished.

6 (1) The terms "offense" and "crime" are synonymous and mean a violation of, or conductdefined by, any state statute for which a fine or imprisonment may be imposed.(2) Each offense falls into one of eleven classes, one of six drug offense levels, or oneunclassified category. There are six classes of felonies as described in section and fourlevels of drug felonies as described in section , three classes of misdemeanors asdescribed in section and two levels of drug misdemeanors as described in section , two classes of petty offenses as described in section , and the category of drug pettyoffense as described in section (1) (e).(3) Common-law crimes are abolished and no conduct shall constitute an offense unless itis described as an offense in this code or in another statute of this state, but this provision does notaffect the power of a court to punish for contempt, or to employ any sanction authorized by law forthe enforcement of an order lawfully entered, or a civil judgment or decree; nor does it affect the useof case law as an interpretive aid in the construction of the provisions of this Felonies classified - presumptive penalties.

7 (Repealed) 18-1-106. Misdemeanors classified - penalties. (Repealed) 18-1-107. Petty offenses classified - penalties. (Repealed) 18-1-108. Offenses not classified. (Repealed) 18-1-109. Penalty not fixed by statute - punishment. (Repealed) 18-1-110. Payment and collection of fines for class 1, 2, or 3 misdemeanors and class1 or 2 petty offenses - release from incarceration. (Repealed) PART 2 JURISDICTION AND PLACE OF TRIAL18-1-201. State jurisdiction. (1) A person is subject to prosecution in this state for anoffense which he commits, by his own conduct or that of another for which he is legally accountable,if: Colorado Revised Statutes 2016 Uncertified Printout3(a) The conduct constitutes an offense and is committed either wholly or partly within thestate; or(b) The conduct outside the state constitutes an attempt, as defined by this code, to commitan offense within the state; or(c) The conduct outside the state constitutes a conspiracy to commit an offense within thestate, and an act in furtherance of the conspiracy occurs in the state.

8 Or(d) The conduct within the state constitutes an attempt, solicitation, or conspiracy to commitin another jurisdiction an offense prohibited under the laws of this state and such other jurisdiction.(2) An offense is committed partly within this state if conduct occurs in this state which isan element of an offense or if the result of conduct in this state is such an element. In homicide, the"result" is either the physical contact which causes death or the death itself; and if the body of acriminal homicide victim is found within the state, the death is presumed to have occurred withinthe state.(3) Whether an offender is in or outside of the state is immaterial to the commission of anoffense based on an omission to perform a duty imposed by the law of this Place of trial.

9 (1) Except as otherwise provided by law, criminal actions shall betried in the county where the offense was committed, or in any other county where an act infurtherance of the offense occurred.(2) If a person committing an offense upon the person of another is in one county and hisvictim is in another county at the time of the commission of an act constituting an element of theoffense, the offense is committed and trial may be had in either of said counties.(3) In a case involving the death of a person, the offense is committed and the offender maybe tried in any county in which the cause of death is inflicted, or in which death occurs, or in whichthe body of the deceased or any part of such body is found.

10 (4) Theft of property is committed and the offender may be tried in any county in which heexercised control over the property.(5) If the commission of an offense commenced outside the state is consummated within thisstate, the offense is committed and the offender shall be tried in the county where the offense isconsummated.(6) If an offense is committed in or upon any automobile, trailer, railroad car, aircraft, orother vehicle of transportation passing within or over this state, the offense is deemed to have beencommitted and the offender may be tried in any county through or over which the vehicle oftransportation passed.(7) (a) When multiple crimes are based upon the same act or series of acts arising from thesame criminal episode and are committed in several counties, the offender may be tried in any countyin which any one of the individual crimes could have been tried, regardless of whether or not thecounties are in the same judicial district.